Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complainant is not required to spell out in the complaint the nature of transaction or source of fund, as onus is on the accused to prove that cheque was not issued towards discharge of any debt or other liability...........
Negotiable Instruments Act, 1881, Section 138, Income Tax Act, 1961, Section 269(SS) -- Dishonour of cheque - Advancing loan to accused of more than Rs.20,000 in cash - Contravention of S.269(SS) of Income Tax Act does not make alleged transaction void...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Accused issued 15 signed blank cheques to complainant - He chose not to reply to legal notice demanding payment of loan by complainant - Even, accused has not taken any legal steps against complainant for misuse of alleged signed blank cheques as alleged by him - Defence taken by accused is improbable -..........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Presumption - No denial as to issuance of cheque and signatures thereupon - It can be presumed that cheque was issued in discharge of lawful liability - Accused rightly convicted...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Assessment of permanent disability - Appellant sustained comminuted fracture of tibia bones of both the legs - He was operated upon twice and was hospitalized for 36 days cumulatively - Doctor who treated appellant has assessed permanent disability of 54% which is on higher side - Since the appellant..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 41, 37, Criminal Procedure Code, 1973, Section 439 -- Contraband - Non-compliance of S.41 of NDPS Act - Bail - Accused cannot be granted bail for violation of S.41 of NDPS Act alone as rigors of S.37 of NDPS Act have to be still met...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 58.5 kgs Doda post - Recovery effected from car of accused - However, accused was also searched along with car - Since while searching person of accused, ACP was present, provision of S.50 of NDPS Act stand complied with...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 15, 25, 29, 61, 85, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 58.5 kgs Doda post - Quantity recovered from accused was of commercial quantity - Even though there is non-compliance of S.41 of NDPS Act, rigors of S.37 of NDPS Act have to be still met - Since there are no reasonable..........
Protection of Children from Sexual Offences Act, 2012, Section 5(j)(ii), 5(i), 6 -- Offence u/ss 5(j)(ii), 5(i), 6 of POCSO Act - Marriage between Muslims under personal law is not excluded from sweep of POCSO Act - Penetrative sexual intercourse with a minor even if it is under the guise of marriage is an offence under POCSO Act...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 366, 376(2)(m), 376(3), Protection of Children from Sexual Offences Act, 2012, Section 5(j)(ii), 5(i), 6 -- Bail - Kidnapping and rape - Muslim marriage between parties - Victim was enticed by accused without the knowledge of her parents and age of victim being only just 14 years at the time of..........
